Commonwealth Numbered Acts

DEVELOPMENT ALLOWANCE AUTHORITY ACT 1992 No. 99 of 1992 - SECT 113

113.(1) If:

   (a)  there is in force a declaration under section 112 that information
        given by an entity is to be treated as commercial-in-confidence
        information for the purposes of this Part; and

   (b)  the DAA is satisfied that:

        (i)    publication of the information could not reasonably be expected
               to prejudice substantially the commercial interests of the
               entity; or

        (ii)   both: (A) publication of the information could reasonably be
               expected to prejudice substantially the commercial interests of
               the entity; and (B) the public interest in the publication of
               the information outweighs the prejudice; the DAA may, by
               written notice given to the entity, revoke the declaration with
               effect from the 21st day after the day on which the revocation
               is notified to the entity. (When power of revocation may be
               exercised)

(2) The DAA's powers under subsection (1) may be exercised:

   (a)  on the DAA's own initiative; or

   (b)  upon application being made by the entity concerned. (Confidential
        status maintained until reconsideration or review finalised)

(3) For the purposes of this Part, if:

   (a)  the DAA revokes a declaration under section 112 relating to
        information; and

   (b)  before the revocation takes effect, the entity concerned requests the
        DAA to reconsider the decision to revoke the declaration; the
        information is treated as commercial-in-confidence information at a
        particular time after the revocation takes effect if that time is
        during the period when that reconsideration, or any subsequent
        application to the AAT, has not been finalised. (Reconsideration taken
        not to be finalised during period when AAT application can be made)

(4) For the purposes of this section, a reconsideration of a decision is taken
not to have been finalised during the period of 28 days after:

   (a)  if, because of the operation of subsection 119(4), the decision is
        taken to be confirmed - the day on which the decision is taken to have
        been confirmed; or

   (b)  in any other case - the day on which the decision on the
        reconsideration is notified to the entity concerned. (Reasons for
        decision)

(5) If the DAA revokes a declaration, the notice of the revocation must set
out the reasons for the revocation.